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UNITEDHEALTHCARE INS. CO. v. BECERRA

No. 18-5326.

9 F.4th 868 (2021)

UNITEDHEALTHCARE INSURANCE COMPANY, et al., Appellees, v. Xavier BECERRA, in His Official Capacity as Secretary of Health and Human Services, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 2021.

Attorney(s) appearing for the Case

Weili J. Shaw , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Ethan P. Davis , Acting Assistant Attorney General, and Mark B. Stern , Attorney. Michael S. Raab , Attorney, entered an appearance.

Daniel Meron , Washington, DC, argued the cause for appellees. With him on the brief was Matthew M. Shors.

David W. Ogden , Washington, DC, Brian M. Boynton , and Kevin M. Lamb were on the brief for amicus curiae America's Health Insurance Plans in support of appellees.

Before: Rogers, Pillard and Walker, Circuit Judges.

UnitedHealthcare Insurance Company and other Medicare Advantage insurers under the umbrella of UnitedHealth Group Incorporated (collectively, UnitedHealth) challenge a rule the Centers for Medicare and Medicaid Services (CMS) promulgated under the Medicare statute, 42 U.S.C. §§ 1301-1320d-8, 1395-1395hhh. The Overpayment...

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